Radon action guide for provinces and territories: Examples, frameworks, strategies and support

International examples of radon action plans

The European Union’s Basic Safety Standards Directive (BSS-Directive) requires member states to adopt radon action plans. It specifies necessary components.

There is extensive literature on radon action plans by individual states. Some easily accessible plans include:

Further guidance on developing radon action plans is provided in the Flow Chart for the Development of a Radon Action Plan prepared by the International Atomic Energy Agency (IAEA).

The World Health Organization’s Global Health Observatory provides a Radon Data Repository that lists countries by national action plans, regulations and other activities.

Understanding components of a radon action plan in Canada’s federal system

Because of the division of powers in Canada, each federal and provincial/territorial government are needed to ensure comprehensive coverage of the radon issue. Table 1 sets out the key components of a radon plan (column 1), showing how this is provided in the BSS-Directive (column 2) and implemented in the United Kingdom (column 3).

The table shows (column 4) how, for Canada, there will be distinct roles for the federal and provincial-territorial governments given Canada’s constitutional division of powers. Column 4 also provides an assessment of where the federal government has acted, and where further provincial/territorial action is needed.

Table 1: Components of a radon action plan
Key components of a radon action plan	BSS Directive Annex XVIII	UK National Radon Plan (2018)	Canadian Federal-Provincial Division of Powers and Existing Action
Goals
Long-term goals in terms of reducing lung cancer risk attributable to radon exposure	Section (s.) 13	s. 2, p. 6	Goals possible at federal and P/T level. No clear radon reduction goals yet pronounced by federal or any P/T government. Further discussion in Planning for radon: Adopting guiding principles, goals and indicators.
Surveillance
Surveys to estimate distribution of indoor radon concentrations	s. 1	s.1.2.1, p.3; s. 4.2.1, p. 18	Surveys can be done by any level of government. Federal: see Cross-Canada Survey of Radon Concentrations in Homes (2012), but insufficient numbers for most communities. See Reduction actions: Testing, databases and mapping and Testing, outreach, engagement and professional certification: Testing, databases and mapping for details on existing radon testing, mapping and database initiatives at the provincial/territorial level and municipal level in Canada.
Identification of types of workplaces and buildings with public access where measurements are required.	s.3	s.3.2.3 , p. 12	Surveys can be done by any level of government. Occupational Health and Safety is a under provincial jurisdiction and workplace risks are typically assessed by provincial and territorial worker compensation and safety administrations. See Reduction actions: Work, study and care spaces, and Policies for specific locations: Work, study and care spaces.
Financial support for surveys	s. 12	s.1.2.1, p. 3	Financial support possible from any level government. See Reduction actions: Testing, databases and mapping and Testing, outreach, engagement and professional certification: Testing, databases and mapping for examples of government funded testing, mapping and database initiatives in Canada.
Database of radon measurements	s. 1	s.1.2.1, p.3	Possible by any level of government. Some initiatives in B.C., Nova Scotia, Yukon but so far insufficient. See Reduction actions: Testing, databases and mapping and Testing, outreach, engagement and professional certification: Testing, databases and mapping.
Published radon risk maps and as an online interactive resource	Not found	s. 3.1.2, p. 8; s. 3.2.2, p. 12	Possible by any level of government. Some efforts in B.C. Building Code (see Policies for specific locations), in Nova Scotia Radon Risk Map, and individual action in some Ontario municipalities (see Testing, outreach, engagement and professional certification)
Delineation (approach, data, criteria) of high radon risk areas	s. 2	s. 3.1.2, p. 8; s. 3.2.2, p. 12	Possible by any level of government. Some efforts in B.C. Building Code (see Policies for specific locations), in Nova Scotia Radon Risk Map, and individual action in some Ontario municipalities (see Testing, outreach, engagement and professional certification)
Maintaining and developing the evidence base on radon	Not found	s. 3.8, p. 16	Possible by any level of government. Federally, the National Radon Program employs researchers. Provincial support exists through support for academic researchers in higher educational institutions. See also Reduction actions: Testing, databases and mapping and Testing, outreach, engagement and professional certification: Education and awareness.
Reference levels in dwellings, workplaces and other buildings
Setting a national radon reference level	s. 4	s. 3.1.1, p. 8	Health Canada has set a National Radon Guideline of 200 Bq/m³, For workplaces, the NORM Guidelines recommend 200 Bq/m³.
Education and awareness
General education and awareness	s. 10	3.1.6, p. 11; and 3.6.1 to 3.6.3, p. 14-15	Possible by any level of government. Federal action includes efforts by Health Canada’s National Radon Program, and Take Action on Radon Alberta’s Radon Awareness and Testing Act, SA 2017, c R-2.5 requires the government to develop educational materials. See Testing, outreach, engagement and professional certification: Education and awareness for examples.
Informing local decision-makers	s. 10	s.4.2.4, p. 18	Primarily provincial responsibility given jurisdiction for health administration and regulation of indoor spaces. Few known Canadian examples outside of Ontario’s Health Standards (discussed at Testing, outreach, engagement and professional certification: Education and awareness). Also see Overview: Planning for radon on collaboration, partnership and engagement.
Targeted to smokers	s. 10	Not found	Possible by any level of government. Health Canada has produced education materials – Radon - Another Reason to Quit. No known Provincial/Territorial programs. See Testing, outreach, engagement and professional certification: Education and awareness: Targeting at-risk audiences and Reduction actions: Smoking cessation.
Guidance on testing and mitigation	s. 11	s. 3.1.3, p.9	Possible by any level of government. Health Canada, and the Canadian General Standards Board (CGSB) have created Canada wide guidance documents, see Reduction actions: Education and awareness and Testing, outreach, engagement and professional certification: Education and awareness.
Training of professionals (such as the building trades)	Not found	s. 3.6.4, p. 15	Possible by any level of government. C-NRPP operates nationally to provide training and certification. See Reduction actions: Recognizing certified radon professionals and Testing, outreach, engagement and professional certification: Recognizing certified radon professionals. See also Testing, outreach, engagement and professional certification: Education and awareness: Courses for professionals.
Reduction strategies for new construction
Building Codes	s. 8	Regulations for new buildings (s. 3.3, p. 13)	Federally, the National Building Code serves as a model and includes some radon provisions. Building Codes are provincial/territorial jurisdiction. Most provincial/territorial building codes have some radon provisions. See Reduction actions: Reducing radon in new homes and Policies for specific locations: New homes.
Post construction remediation (e.g. New Home Warranty)	s. 7	Not found	New Home Warranty is provincial/territorial jurisdiction. The only known Canadian example of explicit protection for radon in New Home Warranty is from Tarion in Ontario. See Reduction actions: Reducing radon in new homes and Policies for specific locations: New homes.
Reduction strategies for occupied spaces
Reduction strategies for radon reduction in older buildings	s. 6	s.3.1.4 to 3.1.6, p. 10- 11; 3.2, p. 12	Any level of government can offer subsidies and incentives, and test/mitigate its own buildings (see Reduction actions: Government buildings and operations, and Policies for specific locations: Government buildings and operations). Regulation of rental accommodation and workplaces primarily provincial/territorial responsibility. For rented homes, see Reduction actions: Rented homes and Policies for specific locations: Rented homes. For workplaces, Reduction actions: Work, study and care spaces and Policies for specific locations: Work, study and care spaces.
Ensuring services (and validation of quality) for radon measurements in homes	s.6, 11	s. 3.1.4, p. 10	Any level of government can offer industry support. At the national level, C-NRPP certifies radon testers and mitigators, and approves devices and laboratories for testers and mitigators to use. The Canadian Association of Radon Scientists and Technologists (CARST) serves as an industry association for C-NRPP certified testers and others. There are very few programs at the provincial/territorial level. For discussion of industry support programs at the provincial/territorial level, see Reduction actions: Recognizing certified radon professionals, for certification of professionals see Testing, outreach, engagement and professional certification: Recognizing certified radon professionals.
Ensuring services (and validation of quality) for radon mitigation	s.6, 11	s. 3.1.4, p. 10	Any level of government can offer industry support. At the national level, C-NRPP certifies radon testers and mitigators and approves devices and laboratories for testers and mitigators to use. CARST serves as an industry association for C-NRPP certified testers and others. There are very few programs at the provincial/territorial level. For discussion of support programs at the provincial/territorial level, see Reduction actions: Recognizing certified radon professionals, for certification of professionals see Testing, outreach, engagement and professional certification: Recognizing certified radon professionals.
Quality controls (such as certification) of testing professionals	s.11	s. 3.1.4, p. 10; 4.2.2, p. 18	Professional regulation is a provincial responsibility. The need for provincial regulation is discussed in Reduction actions: Recognizing certified radon professionals and Testing, outreach, engagement and professional certification: Recognizing certified radon professionals.
Quality controls (such as certification) of mitigation professionals	s.11	s. 3.1.4, p. 10; 4.2.2, p. 18	Professional regulation is a provincial responsibility. The need for provincial regulation is discussed in Reduction actions: Recognizing certified radon professionals and Testing, outreach, engagement and professional certification: Recognizing certified radon professionals.
Financial support for remedial measures	s.12	Not found	Possible by any level of government. Most appropriate for provinces and territories as part of health care spending. See Policies for specific locations: Owner-occupied homes.
Renters protection	Not specified, but s.6 refers to ‘dwellings’	s. 3.1.5, p. 11	Tenant protection is a provincial responsibility. For suggested provincial-territorial action See Reduction actions: Rented homes and Policies for specific locations: Rented homes.
Linkages to indoor air quality and Energy efficiency	s.14	s.1.2.6, p. 5	Possible by any level of government. See Reduction actions: Energy efficiency and Energy efficiency for examples of programs.
Plan implementation
Assignment of responsibilities (governmental and non-governmental), coordination mechanisms	s. 5	Not found	Nationally, Health Canada’s National Radon Program provides Pan-Canadian coordination. See Overview: Planning for radon on coordination, collaboration and finding a home for radon programs.
Available resources for implementation of the action plan	s. 5	Not found	At this time, provincial and territorial Radon Action Plans have not been initiated in Canada.
Schedules for reviews of the action plan	s. 9	s. 4.1	At this time, provincial and territorial Radon Action Plans have not been initiated in Canada.
Stakeholder engagement	Not found	s.3.6.5, p. 16	At this time, provincial and territorial Radon Action Plans have not been initiated in Canada.

Radon action in other frameworks, strategies and plans

Chronic disease and cancer strategies

These strategies outline goals, principles, and administrative steps to address cancer in the population. Radon can easily be identified as a problem, with the strategy incorporating planning initiatives to address elevated radon levels. In this way a Radon Action Plan can be made one component of larger strategies to prevent cancer or chronic diseases more broadly.

One example is the Chronic Disease Prevention Strategy (Cancer Care Ontario). This identifies radon as a problem, and specifically builds on a report identifying the Environmental Burden of Cancer in Ontario (Public Health Ontario). This report identifies radon as one of three carcinogens that collectively cause 90% of the environmental burden of cancer in Ontario (page 3). Extensive statistics are supplied on the role of radon in causing cancer in Ontario. Suggestions are provided on programs for reducing exposure to elevated radon.

Other provinces have chronic disease and action plans which could be modified to incorporate radon, including:

Changing Our Future: Alberta's Cancer Plan to 2030 (Government of Alberta)
2016-2021 Manitoba Cancer Plan (Cancer Care Manitoba, Action Cancer Manitoba)
The Way Forward: The Chronic Disease Action Plan (Government of Newfoundland and Labrador, Health and Community Services)
Gaining Ground: A Provincial Cancer Control Policy Framework for Newfoundland and Labrador (Government of Newfoundland and Labrador)

Healthy city and healthy communities strategies

Canada is seeing increased awareness of the importance of the built environment in shaping the physical, psychological and social health of individuals and their communities. Land-use patterns, transportation networks, public spaces, and natural settings can all impact on:

physical activity
psychological well-being
healthier outcomes for people

These strategies can directly include radon by drawing attention to the importance of indoor environments and buildings to public health. Healthy city and healthy communities strategies can directly incorporate action items in this Radon Action Guide as well action items described in the Radon Action Guide for Municipalities.

One example of a policy document on healthy communities that references radon is the Healthy Built Environment Linkages Toolkit from the B.C. Centre for Disease Control. It provides specific recommendations for how municipalities can address radon.

As well, Ontario’s Healthy Environments and Climate Change Guideline, 2018 (Ministry of Health and Long term Care) is intended to assist Boards of Health to develop approaches for promoting healthy built and natural environments, to enhance population health and mitigate environmental health risks. It identifies radon as an important environmental cause of cancer and restates requirements on local boards to provide public education on radon (p. 4). It also references guides to addressing radon (p. 7).

Public health standards and guidelines

Some provinces, such as Ontario, have Public Health Standards. These identify minimum expectations for public health programs and services. Boards of Health are accountable for implementing the Standards, including the protocols and guidelines that are referenced in the Standards. In Ontario these specify radon as a topic of concern and direct Boards of Health to provide education to the public on the topic (p. 34-35).

In turn, some health units in Ontario have surveyed radon at the municipal level to determine whether radon is a local problem. Examples include:

Support for municipal radon action

Municipal law frameworks

Municipalities are ‘creatures of the provinces’ in the sense that municipalities only have the legal powers that are provided by provincial or territorial legislation. Existing powers of municipalities to address radon are spelt out in Radon Action in Municipal Law: Understanding the Legal Powers of Cities and Towns in Canada. Provinces and territories provide sufficient legislative powers to municipalities to address radon. Most provinces’ and territories’ municipal legislation mentions protecting health and safety as part of the general purposes of a municipality or allows for bylaws concerning health.

Table 2: Municipal powers to protect health in Canada
Province or territory	Act or charter
British Columbia	Community Charter, SBC 2003, c 26, s. 8(3)(i)
Alberta	Municipal Government Act, RSA 2000, c M-26, s. 3(c) and 7(a)
Saskatchewan	Municipalities Act, SS 2005, c M-36.1. s. 4(2), and s. 8(1)(b); The Cities Act, SS 2002, c C-11.1, s. 4(2) and (8(1)(b); The Northern Municipalities Act, 2010, SS 2010, c N-5.2 s. 4(2) and 8(1)(b);
Manitoba	Municipal Act, CCSM c M225 s. 232(1) (a)
Ontario	Municipal Act, 2001, SO 2001, c 25,ss. 10 (1), 10(2)(6), 11(1) and 11(2)(6)
Quebec	Municipal Powers Act, CQLR c C-47.1 , ss. 4, 19 to 54, 55, 63 to 65
New Brunswick	Local Governance Act, SNB 2017, c 18, s. 10 (1)(a)
Prince Edward Island	Municipal Government Act, RSPEI 1988, c M-12.1, s. 180
Nova Scotia	Municipal Government Act, SNS 1998, c 18 s. 172 (1)(a).
Northwest Territories	Hamlets Act, SNWT 2003, c 22, Sch C s. 72(1)(a); Cities, Towns and Villages Act, SNWT 2003, c 22, Sch B s. 70(1)(a); Charter Communities Act SNWT 2003, c 22, Sch A s. 74(1)(a);
Yukon	Municipal Act, RSY 2002, c 154 s. 265(a)
Nunavut	Hamlets Act, RSNWT (Nu) 1988, c H-1 s. 54.2, 102 (a) Cities, Towns and Villages Act, RSNWT (Nu) 1988, c C-8, 1 s. 54.2, 102 (a)
Newfoundland	N/A

However, there are specific steps that provinces and territories can take to ensure that municipalities do not have to worry that bylaws will be contested in court.

Specific amendments to municipal law: Learning from anti-smoking laws

Through the 1990s many municipalities in Canada came to adopt bylaws prohibiting smoking in public spaces such as restaurants, shopping malls, and workplaces. In this period, provinces and territories also enacted amendments to municipal law frameworks explicitly stating that municipalities had the legal power to pass bylaws to prohibit smoking. This was likely to prevent any possible court challenges. For much of the twentieth century, municipalities were confined to acting only where provincial laws explicitly gave permission. There was a worry that without specific legal provisions allowing municipalities to pass anti-smoking bylaws, such bylaws would be struck down by the courts.

The courts have found that anti-smoking bylaws can be supported by very general powers to regulate to protect health (Restaurant and Food Services Association of British Columbia and the Yukon v. Vancouver (City)). As well, since the 2000s, courts have become much more willing to defer to municipalities (United Taxi Drivers' Fellowship of Southern Alberta v. Calgary (City)). Provinces and territories have continued to ensure provisions allowing municipalities to have anti-smoking bylaws, even after passing provincial legislation that duplicates municipal efforts. While not strictly necessary, this continues to clarify that municipalities can take action, reduces potential conflicts between municipal and provincial-territorial law, and provides added assurance to municipalities concerning court challenges to their efforts.

Table 3: Municipal law and anti-smoking provisions in Canada
Province or territory	Municipal law enabling anti-smoking bylaws	Provincial legislation with prohibitions on smoking in enclosed public spaces
British Columbia	Municipalities Enabling and Validating Act (No. 2), SBC 1990, c 61 , s.40; Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44 s. 2,	Tobacco and Vapour Products Control Act s.2.3
Alberta	Tobacco and Smoking Reduction Act, SA 2005, c T-3.8, s. 10	Tobacco and Smoking Reduction Act, SA 2005, c T-3.8
Saskatchewan	The Tobacco and Vapour Products Control Act, SS 2001, c T-14.1. s. 33, 35, and 36; Northern Municipalities Act, SS 1983, c N-5.1 s. 108.1, Rural Municipality Act, 1989, SS 1989-90, c R-26.1, s. 215.1 ; The Urban Municipality Act, 1984, SS 1983-84, c U-11, s. 142	The Tobacco and Vapour Products Control Act, SS 2001, c T-14.1
Manitoba	The Smoking and Vapour Products Control Act, CCSM c. S150, s.6	The Smoking and Vapour Products Control Act, CCSM c. S150
Ontario	Municipal Act, 2001, SO 2001, c 25, s. 115 (1)	Smoke-Free Ontario Act, 2017, SO 2017 c 26, Sch 3
Quebec	n/a	Tobacco Control Act, CQLR c L-6.2,
New Brunswick	New Brunswick Municipalities Act, c. M-22, R.S.N.B. s. 11(1)	Smoke-free Places Act, RSNB 2011, c 222
Prince Edward Island	Smoke-free Places Act, RSPEI 1988, c S-4.2, s. 3	Smoke-free Places Act, RSPEI 1988, c S-4.2
Nova Scotia	Smoke-free Places Act, SNS 2002, c 12, s. 16	Smoke-free Places Act,, SNS 2002, c 12
Newfoundland and Labrador	Smoke-free Environment Act, 2005, SNL 2005, c S-16.2, s. 12	Smoke-free Environment Act, 2005, SNL 2005, c S-16.2,
Nunavut	Cities, Towns and Villages Act, RSNWT (Nu) 1988, c C-8, s. 54.6	Tobacco Control and Smoke-Free Places Act., SNu 2003, c 13
Northwest Territories	Smoking Control and Reduction Act, SNWT 2019, c 29 s. 4.	Smoking Control and Reduction Act, SNWT 2019, c 29
Yukon	Tobacco and Vaping Products Control and Regulation Act, SY 2019, c14 s. 39(1)	Tobacco and Vaping Products Control and Regulation Act, SY 2019, c14

Model language for radon in municipal law and conflict of law provisions

Potential amendments to municipal and/or local government acts and city charters may be to the effect that:

A municipality or local government may make regulations or by-laws respecting the control and mitigation of radon gas exposure.

Any specific radon legislation should also include provisions enabling municipal action, to the effect that:

A municipality and/or local government may make a bylaw governing radon and in the event of conflict between municipal and provincial/territorial law, the stricter law will apply.

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Date modified:: 2022-10-13

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